Maryland Judge Orders ICE to Immediately Release Kilmar Abrego Garcia

Maryland Judge Orders ICE to Immediately Release Kilmar Abrego Garcia

District Judge Paula Xinis ordered ICE to release “Maryland Man” Kilmar Abrego Garcia immediately.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” wrote Xinis. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”

Man, Xinis does not hold back her hatred for President Donald Trump’s administration.

“As before, Abrego Garcia’s case demands judicial intervention to ensure that Respondents choose constitutionally permissible means of implementing the INA [Immigration and Nationality Act],” Xinis said. “Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper.”

Xinis added: “Separately, Respondents’ conduct over the past months belie[s] that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer.”

So before you read more, remember that the argument is no final order of removal exists.

What has Happened Since August

We last covered Maryland Man in August; he turned himself in to ICE and faced deportation to Uganda.

Xinis ruled that Garcia could stay in the U.S. during immigration hearings.

So the hearings started. I am just going to summarize everything because it’d be a novel to read every single detail. (I’m going to keep reading and add more context where needed even after I publish it.)

Maryland Man threw a fit about going to Uganda. The Trump administration then chose Eswatini in Africa.

Maryland Man also complained about Eswatini.

The Trump administration kept asking to continue the evidentiary hearing.

The administration admitted it had no more information about sending Garcia to Eswatini or even to Costa Rica, which offered to take him.

In October, the administration said it would deport Garcia to Ghana.

But then Ghana said no.

On October 24, officials told Garcia he would go to Liberia.

Garcia kept pushing for Costa Rica, even demanding that the court bring in ICE Acting Assistant Director for the Removal Division, Johnathan Cantú, to testify that Costa Rica had changed its mind.

Well, Costa Rica’s Minister Zamora Cordero said the country never withdrew its offer.

The Ruling

The Trump administration hasn’t said anything since, according to Xinis.

The administration also said the court lacks jurisdiction over the case.

Xinis said the court does have jurisdiction because Garcia has not challenged the execution of a removal order. Instead, Maryland Man “contends that his detention is unlawful and not reasonably foreseeable because he is held in the absence of such a removal order.”

Xinis agreed, claiming the administration has never produced an order of removal:

Instead, they urge the Court to construe the October 10 withholding decision as an implied order of removal, or one that exists “by operation of law.” ECF No. 107 at 111:11–20. They essentially argue that because an IJ would not grant withholding of removal absent a valid order of removal, then the Court can read into the withholding decision the existence of a removal order. Id. While this argument may have some intuitive appeal, it belies both the facts of this case and the long-established precedent which commands against collapsing two legally distinct orders—removal and withholding of removal—into one.

The judge said that the “withholding decision is unambiguously not an order of removal.”

Donations tax deductible
to the full extent allowed by law.